^ 



339 
M9& 



LIBRARY OF CONGRESS. 

T~3 3.fi 

®iptp — Snp^r 



w.. 



Shelf 



,_-:...a . 



UNITED STATES OF AMERICA. 



. 



Digitized by the Internet Archive 
in 2011 with funding from 
The Library of Congress 



http://www.archive.org/details/valuableinformatOOmoul 



VALUABLE 
INFOR M AT I O N 



CONCERNING 




0^ Patents 

^Jand patent Law 



BY 



L. V. MOULTON 



PATENT ATTORNEY 



fkRt 

60-6! New Houseman Block 




GRAND RAPIDS, MICH. 



■THE -ACTIVE POWERS * 
•3IHVEHTIVE 6EHIUS- 

(iRAND RAPIDS: 

Martin & Wurzburg, Printers. 

1894. 






Copyright, i8q 4 , by L. V. MOULTON 
GRAND RAPIDS, MICH. 




o/i, 1/ ??ZJhic//#-t<<-s 



INTRODUCTORY 



To Inventors, Patentees, Manufacturers and Others: 
This pamphlet is offered, trusting that it will be 
mutually beneficial. 

If you think you have made an invention: if you 
contemplate investing in a patent right: if you in- 
tend manufacturing something which may possibly 
be patented to some one else: if you have a good 
thing and think some patent interferes with your 
making it: if you have a patent that you have 
reason to think is being infringed: if some one 
claims that you are infringing a patent: if you 
have an American patent less than a year old and 
want a Canadian patent: if you want to secure a 
Copyright, a Trade Mark, a Label, a Design pat- 
ent, or foreign patents: In short, if you want any- 
thing concerning patents, except promoting or 
brokerage, come and see me, if possible. If you 
cannot come, write, bringing or sending a model, 
drawing, sketch or photo, and all other informa- 
tion necessary to enable us to understand the full 



situation, and we will advise you. without charge, 
what course is best to take. 

If you are not interested in the foregoing, or 
likely to be, will you kindly hand this book to some 
friend who is, and do us both a favor by thus in- 
troducing us. 

L. V. MOULTON. 

Grand Rapids, Mich., November, 189 % 



The Inventive Faculty 

Is that creative power of the mind that enables 
man to bring things into new relations, whereby 
new results and forms are produced, and by which 
the natural forces, laws and qualities of things are 
made useful. 

Discovery gathers what already is: Invention 
creates what was not. Discoveries are usually of 
no practical utility until invention establishes some 
new relation, or combination of things, whereby 
new and useful results are produced. 

Without the inventive faculty, man could not 
rise above the animal. Observation would be lim- 
ited to the unaided senses and the spontaneous 
phenomena of nature. Our reasoning would be 
from such narrow premises that we would make no 
progress in true science. Without invention, the 
struggle for bare existence would crush out all 
hope of civilization or progress. . He who creates 
these inventions is therefore the greatest benefac- 
tor of the race, and his right thereto, the highest 
property right. 

••The inventor is not the pampered favorite, or 
beneficiary of the government, or, of the nation. 
The benefits which he confers are greater than 
those which he receives. He does not cringe at 
the feet of power, nor secure from authority an un- 



bought privilege. He walks everywhere erect and 
scatters abroad the knowledge which he created. 

"He confers upon mankind a new means of les- 
sening toil, or of increasing comfort; and what he 
gives cannot be destroyed by use or lost by mis- 
fortune. It is thenceforth an indestructible heri- 
tage of posterity. On the other hand, he receives 
from the government nothing which costs the peo- 
ple, or the government, a dollar or a sacrifice. He 
receives nothing but a contract which provides 
that for a limited time he may exclusively enjoy 
his own." 

Walker on Patents, page 102. 

The American Patent System. 

The constitution provides for patents to invent- 
ors, and the first act of Congress authorizing them 
was in 1790. The first system was somewhat like 
the British, and after several amendments it was 
wholly remodeled in 1836, to substantially its pres- 
ent form. 

Up to that time, but 9,957 patents, all told, had 
been issued, in a period of 46 years. In 1836, 109 
patents were issued, and the number each year 
steadily rose to 4,363 in 1860. During the war, 
only about three thousand patents were issued each 
year, but after that struggle was over, they rap- 
idly increased to over 14,000 in 1876. The effect 
of industrial depression now shows in a falling off, 
to about 12,000 each year, until 1880, when the 
number steadily increased again to 25,322 in 1890, 



since which time the rate has been a little above 
22,000 per annum. The total number of patents 
issued in this country up to January 1. 1894, is 
521,700. Those of all other countries combined 
aggregate only 817,362. We have therefore issued 
over five-thirteenths of all the patents of the entire 
globe. The receipts of the Patent Office for the 
year 1836 were 129,289; for 1893 they were §1,242,- 
871. With the exception of eight years, there has 
been a surplus to the credit of the Patent Office, 
which now aggregates §4,281,743. - The inventors 
of the country have thus paid enough to cover all 
the expenses of the office, and a surplus of over 
four and a quarter millions of dollars. 

In the writer's office are complete files of Patent 
Office reports and gazettes. The first five years, 
1837-1841, inclusive, are in a little book about one- 
half inch thick. The gazette, for some years past, 
consists of four large volumes each year, about 
the size of Webster's Unabridged Dictionary. 
These books, altogether, contain brief descriptions 
of over half a million patents, which, in the Patent 
Office, are divided into two hundred and eight main 
classes, and five thousand and forty-five sub-classes. 

The rules of £>ractice are very technical and com- 
plicated, and the numerous and rapidly increasing 
decisions of the commissioner, and the various fed- 
eral courts, all have the force and effect of law and 
are constantly changing 1 . 



& :: 




m 



i.niiimi j: V- 






— 



j£iL 



L. V- /HOULTON'S OFFICE-Houseman Block. 



— 11 - 

The Patent Practice 

Is. therefore, a special and difficult branch of busi- 
ness, requiring an extensive knowledge of both law 
and mechanics. One however learned in the law. 
would fail for want of mechanical knowledge; and 
a mechanic, however skilled, would fail for want 
of the necessary legal learning. 

While the inventor may fully .understand his 
scheme, it requires special training to describe and 
illustrate it to conform to all the technical terms 
and rules of practice; and to so form the claims 
that, while not claiming too much, and thus cover- 
ing previously known matter; they, at the same 
time, will cover and hold all that is really new. If 
too broad, they are void; and if too narrow, some 
part of the invention is lost, because of the rule 
that all of the invention not claimed, is dedicated to the 
public . 

Whom To Employ, 

Therefore, becomes an important 'question . I 
have had many years' experience as a mechanic, 
draftsman and inventor; have carefully read law 
for the especial purpose of qualifying for patent 
practice; have had years of practical experience 
as solicitor, expert and attorney; and have thus 
become familiar with all the details of the practice. 
I have also all the facilities for drafting, and a full 
line of Patent Office reports and gazettes, patent 
law text books and digests, and give exclusive at- 



ll> 



tention to patent business. I have also a branch 
office and competent assistance at Washington, 
whereby all the advantages of proximity to the 
Patent Office are gained, whatever that may be. 

It is. however, of the utmost importance that the 
one who prepares the case in the first instance, 
should fully understand it; and. to that end, if the 
device is in any way complicated, a personal inter- 
view with the inventor is often necessary. He is 
rarely able to set out his invention in writing and 
drawings so fully that the attorney will be sure to 
get it properly in hand. 

It is difficult to cure any material omission in the 
original application, later on, because the rules 
prohibit addition of new matter to the case; it can 
be cut down, but not enlarged; therefore, the in- 
ventor should be sure that all the invention is prop 
erly set out in the first instance. When the inven- 
tion is once fully described by patent office draw- 
ings and specification, any competent solicitor can 
grasp the whole case by examining the files. Pat- 
ent drawings and specifications can be prepared at 
. one place as well as another. There is no possible 
advantage in going to Washington for that pur- 
pose. 

Who May Obtain a Patent. 

Citizens, Foreigners, Women, Minors, and Ad- 
ministrators of estates, without distinction, may 
obtain patents; but they must in every case be the 
inventor, or administrator of the estate of the in- 



J" : 




THE PATENT OEEICE AT WASHINGTON, 



— In- 
ventor. Joint inventors must apply jointly, and 
any change of title from the inventor, or joint in- 
ventors, must be made by assignment. If such 
change is made before the patent issues, and the 
assignment contains a request to that effect, the 
patent will issue to the assignee, as his interest 
may be. 

An inventor and partner must not appear as 
joint inventors, and a joint inventor must not ap- 
pear as a sole inventor. 

What May Be Patented. 

Not all inventions can be patented, but only such 
as come within the statute. 

The old English common law granted patents 
for the introduction or making known of something 
new within the realm,, whether it was an invention 
or an importation. This has been superseded in 
this country by statutes ^ hich limit the grant to 
actual discoverers, or inventors, only, and only for 
"a new and useful art, machine, manufacture, or 
composition of matter, or any new and useful im- 
provement thereof;" or "for any new and original 
design, either as an article of manufacture or for 
printing upon any fabric; or ornament to be placed 
on, or worked into any article of manufacture; or 
any new and useful shape or configuration there- 
of." Just what inventions are included by the 
terms of the statute has been the subject of many 
and various decisions, with which the solicitor 
should be familiar. 



15 



The application must always disclose something 
that will stand the three tests of utility, novelty, 
and invention. If it fails in any one of these, it is 
not patentable. 

The degree of utility is not material: if merely 
harmless, it is generally sufficient; or it may be 
capable of some harmful use. but if also capable of 
some useful application, it will be patentable. 

It must be new. If already known, the inventor 
gives the public no added knowledge, and is enti- 
tled to no reward. 

Most of the controversy here is over the identity 
of the old with the new. Sometimes things resem- 
ble each other in form, but differ greatly in func- 
tion and operation. Such cases need to be care- 
fully explained and distinguished. The result of 
ordinary mechanical skill, in view of what is old, 
is not invention. The dividing line is not very 
clearly denned between mechanical skill and inven* 
tion. and much difficulty arises here in the conduct 
of cases before the Patent Office. 

In patent law. an art is defined as "an act. or se- 
ries of acts, performed by some physical agent 
upon some physical object, and producing in such 
object some change, either of character or condi- 
tion." "It is also called a -process." or a mode of 
treatment, and is said to require that certain things 
should be done with certain substances in a certain 
order." 

A machine is defined as ' -an instrument composed 
of one or more of the mechanical powers, and ca- 
pable, when set in motion, of producing, by its own 



— 16 — 

operation, certain predetermined physical effects." 
"A machine differs from all other mechanical in- 
struments in that its rule of action resides within 
itself." "It may be a single organism, or a com- 
bination of organisms so related to each other as to 
cooperate successively: or simultaneously, in the 
production of the required result.'' 

The mechanical means embodied in a machine 
may often be so constructed as to form various ma- 
chines differing from each other in the shape, the 
number, or the arrangement of their subordinate 
parts; and yet each of these different structures 
may be, however, the same machine, in patent law. 

Therefore, his letters patent, when obtained, 
should protect him against all other devices of the 
same structural elements, or their equivalents. 

To draw such a patent, how T ever, requires exper- 
ience and skill, otherwise it may be limited to only 
the form shown in the patent. 

"A Manufacture is an instrument created by the 
exercise of mechanical forces, and designed for 
the production of mechanical effects, but not capa- 
ble of attaining by its own operation to any prede- 
termined result.*' 

"This class is very numerous, including all pat- 
entable inventions, except machines on one side, 
and compositions of matter, and designs on the 
other." Parts of machines, separate from the rest 
of the machine, all kinds of tools, fabrics and vend- 
ible products, being neither a machine, or* mere 
union of ingredients, or mere shapes for appear- 
ance sake, are manufactures. 



"A Composition of Matter is formed by the inter 
mixture of two or more ingredients, and possessing 
properties which belong to none of these ingredi- 
ents in their separate state, " 

"The essence of a Composition of Matter resides 
in the idea of means expressed by cooperation of 
its specific elemental forces in the production of its 
new and characteristic force." 

"A Design is an instrument created by the impo- 
sition upon a physical substance of some peculiar 
shape or ornamentation, which produces a particu- 
lar impression upon the human eye, and through 
the eye upon the mind." 

.' 'An Improvement is an addition to, or alteration 
in some existing means, which increases its effi- 
ciency without destroying its identity." 

In some countries, these improvements are cov- 
ered by '-patents of addition" and such patents 
differ from originals. In the United States there 
is no distinction made, and each invention is pat- 
ented without reference to its immediate anteced- 
ent. All that is required is that the patent shall 
clearly explain and claim that which is new. 



Abandonment. 

An inventor may experimentally use an inven- 
tion any length of time without losing his right to 
a patent, but two years' public use or sale will pre- 
vent his obtaining a valid patent. The public use 
must be such as will put the public in possession 



18 



of the invention, and inform people of its nature, 
and how to make and use it. 

Models 

Are not required or accepted by the Patent Office, 
except when specially ordered by the examiner, 
which is very seldom done. If the device, howev- 
er, is in any way complicated, a model or full size 
structure is always of advantage, especially to the 
draftsman. It need not be as expensive, or of the 
dimensions required by the Patent Officerules, but 
should fully illustrate the invention. 

Photographs are also useful, and sometimes a 
heavy or large machine can be photographed to 
answer all the purposes of a model. 

The Drawings 

Are now made the basis of the disclosure, and 
therefore must be made very carefully and in ac- 
cordance with the Patent Office rules, which are 
very rigid and technical. 

A patent draftsman requires to be especially in- 
formed as to these rules, and the work is of a spec- 
ial style. Ordinary mechanical drawings will not 
be accepted by the office. He should be familiar 
with patent law, to bring out clearly the real, na- 
ture of the invention and avoid unnecessary and 
useless expense. I have had long experience and 
am fully equipped for this kind of work. I make 
a uniform price of five dollars per sheet; this in- 



— 19 — 

eludes three full sized blue copies, by the bromide 
paper negative process. We can furnish extra 
blue copies at $1.50 per dozen. 

Patent drawings and specifications can be pre- 
pared at one place as well as another. There is no 
possible advantage in going to Washington for 
that purpose. 

Specifications and Claims. 

From what has preceded, it is needless to dwell 
upon the necessity of fully and carefully explain- 
ing the invention in the specification, and covering 
it fully by carefully drawn claims. 

Soliciting of the Case and Cost of 
Patent. 

There are two ways to conduct a case. One is 
to cut down to a few claims, based on that which 
seems most likely to be patentable, and then if only 
a part of these are objected to, strike out the 
rejected claims, saving enough to get a patent. 
Such claims will probably be ''good," but much 
that might have been saved to the inventor may 
have been dedicated to the public. 

My practice is to solve all doubtful questions in 
favor of the inventor and abandon nothing, except 
as forced to do so by good and sufficient references 
*and objections raised by the examiner. By amend- 
ment and argument, many valuable claims may be 
saved in addition to those first allowed, or easily ob- 



20 



tained. It costs more work, of course, but I so- 
licit each case for "al] there is in it." 

My charge for soliciting an ordinary case is $25, 
which includes all the amendments, arguments and 
associate services before the primary examiner. 

The total cost of an ordinary patent is $65, as 
follows: 

First gov't fee, $15.00 

1 sheet drawing, - 5.00 

Solicitor's fee, 25.00 

Gov"t Issue Fee, - 20.00 



Total, $65.00 

The first fee is deposited when the case is or- 
dered prepared. The drawing and solicitor's fees 
are paid when the drawings and accompanying pa- 
pers are signed and forwarded to the Patent Office; 
and the final fee of $20 may be paid any time with- 
in six months after allowance. During this six 
months, foreign patents should be taken out. 

Interference 

Occurs when two or more applications are pending 
which claim the same patentable subject matter. 

An interference may also arise when a later ap- 
plicant finds that a patent has been issued to some 
one else for an invention which he claims to have 
made before such patentee. In all such cases, the 
Patent Office institutes a proceeding in the nature 
of a judicial inquiry, called an interference, and 
awards priority to the successful contestant. If 



— 21 — 

the controversy be between applicants, the defeat- 
ed party is refused the claims in interference. If 
between an applicant and a patentee, and the ap- 
plicant succeeds in proving priority, he is allowed 
his claims, but the office has no power to cancel the 
claims of the issued patent; this can be reached 
- only by a proceeding in the Federal Court. 

In such contests, proof of the time when the in- 
vention was first conceived; when the drawings, or 
model w T as first made; the time when the invention 
was first disclosed to others; when it was first re- 
duced to practice; and the extent of use since; are 
all of advantage. 

As a general rule, neglect and delay in perfect- 
ing, reducing to practice, and ax3plying for a pat- 
ent, will overcome and defeat any prior conception, 
* or partial development. The general policy is to 
reward the most diligent inventor. 

The expense of conducting an interference de- 
pends upon the amount of work involved and can- 
not be fixed in advance. 

Appeals 

Can be taken from decisions of the primary exam- 
iners to the examiners-in-chief and, if necessary, a 
second appeal can be taken to the commissioner; 
and a third and final appeal may be taken to the 
Supreme Court of the District of Columbia. 

Interlocutory appeals on all matters not involv- 
ing the merits, may be taken direct to the commis- 
sioner, whose decisions are final. 



99, 



The government foes in appeal cases are: 
From Primary Examiner to Examiner-in- 

Chief, - - - - $10.00 

To Commissioner, - - - 20.00 

To the Court of the District of Columbia, 25.00 

The attorney fees are according to amount of 
work involved, usually $25 to $30. 

Interlocutory appeals have no government fee, 
and usually no attorney fee. 

Design Patents 

Are issued for three and one-half, seven, or four- 
teen years, at the option of the applicant. 

The government fees are: 

For three and one-half years, $10.00 
For seven years, - 15.00 

For fourteen years, 30.00 

My fees, including the drawings, are $20, in all 
ordinary cases. Special rates on designs in series. 

Design patents are especially favored by law. 
The Act of February 4, 1887, provides a minimum 
penalty of $250 for their infringement, and author- 
izes the assessment of all the profits of the in- 
fringer, made by him on the article carrying the 
infringing design, even though a part of such prof- 
its may be from other sources. 

Designs are extensively issued on woven fabrics, 
stoves, jewelry, glassware, furniture, etc. 

It is much better to patent designs, than to rely 
upon secresy, as some attempt to do. 

Without a patent, the design is open to all to im- 



23 



itate without hindrance, as soon as the goods are 
offered for sale, at the very latest, and they are 
often surreptitiously obtained before that time. In 
view of the low cost, a patent is a much better and 
more effectual protection, and it need not be pub- 
lished in advance of displaying the goods for sale, 
so that nothing is previously disclosed, any more 
than by the plan of secresy, even if successful . 

Trade Marks 

Are also registered in the Patent Office and, unlike 
patents for inventions, the right to a trade mark 
rests in the common law. Before such registry, 
the trade mark must have -been in use, and must 
have already acquired a standing in connection 
wilh the goods. It must also have been used either 
in foreign trade or trade with Indian tribes. There 
is no domestic trade mark registration. 

A trade mark must consist of some non-descrip- 
tive word, or words, picture, figure, autograph, 
monogram, sign or symbol, that has not been pre- 
viously adopted for the same kind of goods. The 
same mark may be registered by different persons 
or firms for altogether different goods, but two 
different £>ersons cannot register the same mark on 
the same class of goods. A trade mark does not 
prevent any person from making goods like those 
upon which the mark is used, but it prevents an} r 
person from selling his goods as the goods of an- 
other, by means of the mark. 

By placing copies with custom house officers. 



— 24 — 

similar goods, "having that trade mark, will be ex- 
cluded from entering. 

To register a trade mark, I must be fully in- 
formed as to what it is like, by whom used, their 
residence and place of business (giving street and 
number), and, if a partnership, the full names and 
residences of each partner. Also on what class of 
goods it has been used, and the particular line of 
goods in the class; how long it has been used; to 
what country or Indian tribes the goods have been 
sent; and at least two copies of the mark must be 
furnished me. 

Trade marks may now be protected in most for- 
eign countries. 

For trade marks, the government fee is |25.00 

Attorney fee and drawing, - - 20.00 



Total, - - - - - $45.00 

Preliminary examination, if specially ordered, 

,$5.00. 

Term, 30 years, and renewable at the expiration 

of the term. 

Copyrights 

May be had for any book, map, chart, musical 
composition, print, cut, engraving, photograph, 
painting, drawing, chromo. statue, model or de- 
sign for the line arts. Prints, or labels for goods 
are not included. 

To secure a copyright, a printed copy of the ti- 
tle or a brief description of the thing must be first 
filed. The title page (if a book having a title page) 



— 25 — 

will do; in other cases, it must be printed express- 
ly for the purpose of such entry, and as soon as 
published, two complete copies of the best edition 
must be sent to the Librarian of Congress, to per- 
fect the copyright. 

Books, .photos, chromos and lithographs must 
be from type set in this country, or plates of Amer- 
ican production. Eight of translation may be re- 
served to the author. 

Total cost of copyright, $5. 

Term. 28 years, and it may be extended fourteen 
years. 

Labels. 

Prior to the Supreme Court decision in the case 
of Higgins vs. Keuffel, in 1891, almost any label 
could be registered, but that decision greatly lim- 
ited the practice, so that now, to be registerable, a 
label must be registered before publication ; must 
embody original literary or artistic merit; and must 
not amount to a trade mark. The degree of intel- 
lectual labor and originality manifested must be 
sufficient to entitle it to a copyright, were it not to 
be used as a label. 

The total cost of registering a label is $15, and it 
runs for 30 years. 

Caveats. 

It sometimes occurs that an inventor partially 
develops his ideas, and requires time to experiment 
out the balance of the mechanism, and desires to 



— 26 - 

temporarily secure so much as he has perfected. 
In such cases, a caveat may be filed, which will se- 
cure whatever of invention it may disclose to the 
office, until the inventor completes the entire de- 
vice. 

No examination is made by the office to deter- 
mine what is patentable in a caveat. It simply 
stands as a bar, or stop, to any subsequent appli- 
cation which contains the same patentable matter. 
In which case, tne applicant is stopped, and the 
caveator is notified and required to file his applica- 
tion, and prove his prior date of invention; when, 
if successful, the applicant who was stopped by the 
caveat is refused a patent on so much as the caveat 
covered of his invention. Caveats run for one 
year, and may be extended by an annual fee of ten 
dollars. It is a waste of money to caveat a com- 
plete invention. A caveat, to be good, must be 
carefully .prepared, according to the rules applica- 
ble to patents. 

The government fee is, $10.00 

Attorney fee and drawings, in ordinary 

one sheet cases, - - - 15.00 



Total, - - - . $25.00 

Renewable annually by a government fee of $10. 

Re- Issues and Disclaimers. 

.When a patent has been issued, which, through 
inadvertance, accident or mistake, is defective and 
does not. therefore, hold as well or as much as it 



— 27 — 

should, it can, by proper proceedings, and show- 
ing, be re-issued and corrected. 

Formerly, the practice was very much more lib- 
eral, but, by recent decisions, the re-issuing of 
patents has been very much restricted, and it now 
becomes necessary to move in the matter as soon 
as any defect is discovered that warrants such a 
course. If neglected, the public is held to acquire 
a right to the matter not covered by the original. 
Patents should, therefore, be carefully examined 
as soon as issued, or submitted to some one compe- 
tent to decide as to whether re-issue is necessary. 

Disclaimers are necessary as soon as it is found 
that a patent has been issued which covers too 
much. If a patent covers ground that cannot be 
held, the courts will not allow costs to the owner 
who prosecutes infringers, even though they in- 
fringe the claims that are valid. 

The government fee for a re-issue is $30. 

Attorney fee, $30 to $50, according to the amount 
of work involved. 

The government fee on filing a Disclaimer is $10, 
attorney fee according to amount of work. 

Rejected Gases. 

If, for any reason, the application is defective, 
it is rejected by the examiner. This is often of no 
more consequence than to require that the case be 
amended to meet, or avoid, the objection. After 
the amendment, the case is re-examined. When 
the applicant is unable or unwilling to make any 
change, a final argument can be made, and if the 



28 



particular matter in dispute is again rejected, the 
applicant must recede, or appeal. 

Many rejected cases contain much merit, only 
requiring proper amendment, or argument, or both, 
to result in good patents. Failure to proceed 
within two years from the last action of the office, 
forfeits the application. The invention, however, is 
not forfeited to the public, unless it has gone into 
public use. or has been on sale for more than two 
years, and a new application will re-instate the 
case. 

Attorney fees in this class of cases can only be 
determined upon examination of the condition of 
the case. 

Forfeited Applications. 

The final fee must be paid within six months 
after allowance, and it should be paid at least 
twenty days before that time, to allow for printing 
and issuing the patent, which, by law, must bear 
date not more than six months after allowance. 
No days of grace are allowed. 

If the final fee is not paid, the case is forfeited 
and must be re-opened by payment of a new entry 
fee. This can be done at any time within two 
years after the allowance, and a re-examination 
will be had. 

The government fee to renew the application is 
$15. Unless there is some change to be made in 
the case, or work to be done on it, the attorney 
charges are merely nominal. 



Preliminary Examination. 

The Patent Office will not answer any questions 
as to whether an invention is already patented, or 
is patentable. It will only consider the case upon 
a regular application for a patent. I can examine 
the American records and see what I can find to 
prevent or limit a patent. Such search is only in 
the same class and sub-class of the device present- 
ed and, of course, not as exhaustive as that made 
by the examiners on a regular application. They 
examine foreign patents as well as American, and 
also any collateral lines likely to contain the com- 
binations claimed. 

Should I find some patent which limits, or bars 
a patent on the device submitted, I can so advise. 
If I do not, I cannot, therefore, guarantee a patent, 
or be held responsible for what the examiner will 
find, or how he will rule upon it. I do not make 
these examinations except when specially ordered, 
and such* search has nothing to clo with the ques- 
tion of infringement. 

The charge is 15 in all ordinary cases. This rate 
was fixed when there were less than 100,000 pat- 
ents: now there are over half a million, and some 
classes have, become very numerous. 

What Is a Patent. 

An American patent grants to the inventor for a 
period of seventeen years: "the exclusive right to 
make, use and vend the said invention.'" 

This language is, unfortunately, easily misun- 



— 30 — 

derstoocl. It does not, in fact, grant any right, 
whatever, to make, use or vend anything. In the 
absence of any patent to prevent it, he has all such 
rights in full already; and, if there is such a pat- 
ent, that patent is not curtailed or affected by the 
issue of a later one. 

The essence of the grant is in the word "exclu- 
sive," and the true meaning is, "the right to exclude 
all others frem making, using and vending said inven- 
tion." 

Another mistake is often made in supposing the 
grant to cover the whole device shown in the pat- 
ent. It applies only to the invention disclosed, and 
that part ivhich is bounded and set out by the claims. 

In a deed of land, is named the state, county, 
township and section, to describe the land con- 
veyed, which may be but a few acres. No one 
would, therefore, imagine that they had a deed to 
the whole state. So in a patent; we must clearly 
explain the invention and, for this purpose, much 
of the prior state, of the art, or that which is old, 
is often shown and described. This is not claimed, 
and no right to any of it is granted. If these previ- 
ously known parts, or elements, are necessary, and 
must be used to render the invention available, and 
are patented to some one else, it becomes an infring- 
ing patent, but no right to infringe is granted by its 
issue. 

Any patent must contain, in its drawings and 
specifications, the parts patented. It may also (to 
explain them) contain other parts previously pat- 
ented to others, but it grants no right to make such 



parts. If it were so, a mere improver could rob 
the previous inventor. And, if the patent was re- 
fused because showing previously patented matter, 
few improvers would get their reward. 

The question of infringement is never consid- 
ered in examining the application, unless such 
matter is claimed. The application may also show 
parts that are free to every one; these are not pat- 
ented because appearing in the patent. A patent, 
therefore, must be considered in view of the prior 
state of the art. 

Scope and V/alidity Opinions 

Are, therefore, important to all who may own, buy 
or operate under patents. 

It requires a knowledge of the rules and deci- 
sions relating to the interpretation of claims, and 
also a search through the records of prior patents* 
to be able to clearly point out what is covered and 
held by the patentee; what is patented to some 
one else, and what is free to all, that may be in- 
cluded in the structure found in any particular 
patent. 

Such opinions may, and often do, avoid much 
loss and disappointment to investors in patents, or 
manufacturing enterprises. It is often the case 
that some one will engage in manufacturing some 
article, supposing it free, and be unexpectedly con- 
fronted with a patent. Or some one will desire to 
make some article supposed to be covered by a pat- 
ent, which patent, upon investigation, may be 



easily avoided by some slight change, or modi- 
fication of the structure. I can be of great assist- 
ance to all such parties, if my advice is sought. 

In all such cases, make no move before procur- 
ing an opinion of some competent patent attorney. 

My charges for opinions depends upon the 
amount of work to be done, and are always reas- 
onable. 

Assignments. 

The rights under a prtent may be conveyed by 
a proper instrument, and such conveyances must 
be recorded in the Patent Office. They may be for 
an entire interest, or an undivided fractional inter- 
est; or for a certain territory less tnan the whole 
country. Entire and fractional interests, if re- 
corded before the patent issues, will appear on the 
face of the patent. An entire interest substitutes 
the assignee for the inventor. 

Joint owners, either because of being joint in- 
ventors, or by virtue of owning undivided frac- 
tional interests, are held to be tenants in common, 
and not to be partners. Each can operate alone 
and independent of the other, and each can stop all 
others except his coowner, or the assignes and li- 
censees of the same. 

An owner of certain territory, less than the 
whole, must make and sell within that territory, 
but a bona fide purchaser may use the particular 
device anywhere. He cannot, however, sell it in 
the ordinary course of trade, outside the territory 
owned by the maker and seller. 



— 33 — 

My charge for making an ordinary assignment, 
if not over 300 words, and recording the same, is 
*3. If over 300 words and less than 1000 words, 

$5. 

Licenses. 

A patentee can license another to do any, or all, 
of the things of which his patent gives him a mon- 
opoly. The right to make, to sell, and to use, are 
separable rights, and he can limit his licensee to 
certain prescribed territoi^; but a license to make 
and sell conveys to the bona tide purchaser an un- 
limited right to. use the specific sample bought. 
These licenses are so various, and may be modified 
in so many ways, that they should be very care- 
fully drawn to accomplish exactly what is intended. 

I make a specialty of drawing licenses, and other 
contracts, for inventors and patentees. I charge 
$5 for a license of ordinary scope, and, if recorded, 
the recording fee is extra, being Si for 300 words 
or less, and 82 for over 300 and under 1000 words. 

Abstracts of Title. 

Before investing in a patent, an abstract of title 
should be required. All assignments, and licenses, 
or contracts in any way affecting the title, should 
be recorded in the Patent Office, and an abstract 
will inform of them and their nature. A mere li- 
cense, however, need not be recorded, and will hold 
against an assignee even if not recorded, and. 
therefore, is not in the abstract. 

Abstracts of title cost more or less, according to 



— 34: — 

the number of transfers recorded, ordinarily fromi 

15 to 110. ' 

Rule of Division. 

If an application contains more than one inven- 
tion, applicant will be compelled to divide the case.. 

He can elect which invention he will prosecute; 
under the original application. The practice is; 
constantly changing, and differs in different classes, 
of inventions, so that no detailed or specific rule, 
can be laid down. It is sometimes a nice question, 
to decide, and requires that the solicitor should^ 
keep w T ell advised of the rulings and practice in the: 
office. 

The part divided out, should be set up in one or 
more new applications, each of which constitutes a 
separate case and costs the same fees as an origi- 
nal application. 

Marking "Patented." 

If a patentee neglects to properly mark the pat- 
ented goods, he cannot, as a general rule, collect 
damages from infringers for acts done before they 
are directly notified of the fact that they are in- 
fringing. It does not, however, affect the paten- 
tee's right to an injunction against the infringer. 
The word "Patented' ' and date of the patent is suf- 
ficient, if placed on the article where it can be seen. 
If the article is too small, or it is otherwise incon- 
venient to so mark it, the mark may be on the pack- 
age in which it is put up for the market. 

It is unlawful to mark an article in su.ch a man- 



-— 35 — 

tier as to convey the idea that is patented when it 
is not. It is, however, permissible to mark an ar- 
ticle ' "Patent Pending," or "Patent applied for," if 
snch is the fact. There must be no deception. 
Therefore, a maker of an article is liable for put- 
ting on the mark of a patent owned by another, 
which covers the device and under which he has 
no license. The penalty is $100, one-half to go to 
the informer. 

Patent Suits 

Are usually brought to restrain infringers, and for 
collection of damage, or profit for past infringe- 
ment. The Federal Courts have sole and exclusive 
jurisdiction in patent causes, and it is a special 
branch of law practice. 

I am prepared to act as attorney, solicitor or 
counsel in such cases, and can furnish mechanical 
expert testimony, which latter is often of great 
importance in patent litigation. 

My fees are according to the amount of work to 
be done and will be as low as consistent with good 
and careful services. 

Foreign Patents 

Can be procured through our agency, in any coun- 
try that issues patents. 

Canadian Patents 

Are most desirable, because of the liberal laws, and 
near location of that country. They are now 
granted for 18 years, the fee for the first six years 



36 



being $20. $20 tax, or fee, extends the patent for 
each subsequent period of six years. 

Temporary protection during" the first year, can 
be secured for $5, if filed within three months after 
the American issue. 

Canada patents can be applied for at any time 
within one year after American patent issues. No 
model is now required. 

The government fee is, for first 6 years, 120.00 

Attorney fee and drawings, in ordinary 

cases, 20.00 



Total, - - 14-0.00 

Other Countries, 

As a rule, require that the patent should be applied 
for at the time or before the American patent is- 
sues, and for that purpose, the final fee may be 
withheld, in this country, six months after the al: 
lowance. 

By issuing a foreign patent for less than seven- 
teen years, and before the American patent, the 
life of the American would be shortened to that of 
the foreign patent. A British patent is for four- 
teen years. If issued before the American patent, 
the latter would be limited thereby -to fourteen 
years. This is avoided by issuing them simultane- 
ously. 

By treaty stipulation, the following countries al- 
low seven months after the filing of the American 
application in which to apply, viz. : Belgium, Bra- 
zil, France, Great Britain, Guatemala, Italy, Neth 



erlancl, Norway, Portugal, Servia, Spain, Sweden, 
Switzerland, Tunis and the United States. 

The cost of foreign patents average about the 
same as American, and the most desirable are the 
following: Great Britain, France, Germany, Bel 
gium, Spain, Austria, Italy, Norway and Sweden. 

The Spanish patent includes Cuba, Porto Rico, 
Phillipines and all Spanish colonies. 

British patents include England, Ireland, Scot- 
land and Wales. 



NDEX 



Introductory 5 and 6 

The Inventive Faculty 7 and 8 

The American Patent System 8 and 9 

The Patent Practice 11 

Whom To Employ 11 and 12 

Who May Obtain a Patent 12 and 14 

What May Be Patented 14, 15, 16, 17 

Abandonment 17 and 18 

Models 18 

Drawings 18 and 19 

Specification and Claims 19 

Soliciting the Case and Cost of Patent 19 and 20 

Interference 20 and 21 

Appeals. , 21 and 22 

Design Patents 22 and 23 

Trade Marks 23 and 24 

Copyrights 24 and 25 

Labels 25 

Caveats 25 and 26 

Re-Issues and Disclaimers 26 and 27 

Rejected Cases 27 and 28 

Forfeited Applications 28 

Preliminary Examinations 29 

What Is a Patent? 29 and 30 

Scope and Validity Opinions 31 and 32 

Assignments 32 and 33 

Licenses 33 

Abstracts of Title 33 and 34 

Rule of Division 34 

Marking "Patented" 34 and 35 

Patent Suits 35 

Foreign Patents 35 

Canadian Patents 35 and 36 

Other Countries 36 and 37 



CL 



1 



LIBRARY OF CONGRESS 



019 973 372 2 



